State v. Wright

*484WARREN, J.

Defendant appeals his conviction for driving under the influence of intoxicants after the trial court denied his petition for diversion under ORS 484.445 to 484.480. He contends that the trial court erroneously denied his petition for diversion as a matter of law, rather than exercising its discretion. We affirm.

Defendant pled not guilty and filed his petition for diversion, attached to which was a Department of Motor Vehicles’ printout of his driving record indicating that he had been convicted of DUII on October 10,1981. He then filed a motion to suppress the use of the prior…